Day v. Day

Citations

• 71 Kan. 385
• 80 P. 974
• 1905 Kan. LEXIS 149

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Divorce — Expenses of Wife. When a petition is filed for a divorce and alimony, or for alimony alone, the court may make such order relative to the expenses of the suit as will insure to the wife, an efficient preparation of her case, whether she is plaintiff or defendant in the suit.</p> <p>2. - Cohabitation after Adultery — Estoppel. When plaintiff alleges and offers testimony tending to show that his wife has been guilty of adultery, and it is disclosed that after learning of her misconduct he lived and cohabited with her for more than a year, he will be deemed to have condoned the offense, and it will not constitute a ground for divorce.</p> <p>3. --- One Offense as a Bar to Another. The right to set up one matrimonial offense in bar of another is an application of the equitable rule that one who invokes the aid of a court must come into it with a clear conscience and clean hands.</p> <p>4. -Plaintiff Must be Guiltless. Divorce is a remedy for the innocent and injured, and the plaintiff who has himself broken the marriage contract cannot ask to be relieved from its obligations because his spouse may also have broken it.</p> <p>, 5. - “Equal Wrong” Means Statutory, Not Moral, Wrong. When it is shown that each party to a suit has been guilty of a matrimonial offense which the statute has made a ground for divorce they will be deemed to be in “equal wrong,” and the court may in its discretion refuse to grant a divorce, although the offenses may not be of the same character.</p>